Employee benefits in Luxembourg: 13th salary, severance pay and compensations

The overtime benefit is for all private sector workers, except for top bosses, who work more hours than their job contracts say. However, some workers don't get this overtime benefit and don't follow the usual work-hour rules. This includes family-run businesses with only family employees, river transport companies, businesses that move around, people working from home, sales reps who work away from the office, and high-up managers or executives who are crucial for running and overseeing the company.

Overtime hours worked must be compensated with paid time off, with a rest period of one and a half hours for each overtime hour worked. If, due to organizational reasons, it is not feasible to compensate the overtime hours through time off, or if the employee leaves the company before recovering the worked overtime hours, these hours must be paid at a rate of 140%.

For further details and legal references, you can refer to the related de page on Guichet.lu and the Labor Code, Book II, Title I.

All employees, including apprentices, irrespective of their work schedule, be it part-time, full-time, or other arrangements, and regardless of the contract type, whether fixed-term or indefinite, have the right to annual paid leave. It's important to note that for part-time employees, vacation days are calculated proportionally based on their weekly working hours.

Unless otherwise agreed by the employer, new employees must work continuously for at least 3 months before being eligible for the accrued paid leave since the start of their contract. Additionally, it is crucial to understand that engaging in paid work during vacation is not permitted, and employees cannot waive their entitled vacation, even in exchange for compensation, unless the employment relationship is terminated.

The legal duration of annual leave is 26 working days per year, accumulating at a rate of 2.167 days per month worked.

For further details and legal references, please consult the related page on Guichet.lu, the Labor Code - Book II, Title III, Chapter III, and the Labor Code - Book III, Title IV, Chapter IV.

Every worker and apprentice is entitled to legal public holidays. However, employers may request employees to work on holidays in exchange for additional compensation.

Typically, employees do not work on public holidays. However, if an employee was not scheduled to work on the holiday or if the holiday falls on a Sunday, he is entitled to compensation.

When employees are required to work on public holidays, they are entitled to specific compensation based on the day of the week and their normal working hours.

For further details and legal references, consult the relevant page on Guichet.lu, the Labor Code - Book II, Title I, Chapter I, the Labor Code - Book II, Title III, Chapter II, and the Labor Code - Book III, Title IV, Chapter IV.

All employees unable to attend work due to illness or accidents have the right to sick leave days, provided they declare their incapacity through a medical certificate.

From the first day of absence, it is mandatory to inform the employer, either by phone or in writing. If the employee cannot do so personally, a third party may communicate on their behalf. Additionally, in the case of an absence exceeding 2 working days, a medical certificate of incapacity must be sent to both the employer and the CNS (National Health Fund). The employer reserves the right to request this certificate from the first day of absence. 

Sick leave is not akin to a free day where one can engage in unrestricted activities. There are limitations on leaving the house during illness. For the first 5 days of incapacity, is not possible to leave the residence, even if authorized by a medical professional. After this initial period, it’s possible to leave the home from 10:00 to 12:00 and from 14:00 to 18:00. Necessary visits to the doctor or any healthcare facility are permitted at any time from the first day of incapacity.

Throughout the sick leave period, employees are entitled to continued remuneration from the employer until the end of the month in which the 77th day of incapacity occurs. Beyond this date, employees still have the right to a subsidy, but it is provided by the CNS.

For further details and legal references, consult the dedicated page on Guichet.lu, the Labor Code - Book I, Title II, Chapter I - Section 4, the Social Security Code - Book I, Chapter II, and the Statutes of the Caisse Nationale de Santé (CNS).

The prenatal leave begins eight weeks before the anticipated delivery date, and postnatal leave extends for 12 weeks from the actual delivery date. In total, pregnant women are entitled to 20 weeks of maternity leave.

During job interviews, pregnant women are not obliged to disclose their pregnancy, as it is considered a private matter. Additionally, expecting or lactating women are entitled to various protective measures. For a detailed list, we recommend you take a look at the government's explanatory text on the Protection of Pregnant or Breastfeeding Women.

Throughout maternity leave, women are entitled to maternity benefits paid by the CNS, not the employer. This benefit corresponds to the highest salary received in the three months before maternity leave. The maternity pay cannot fall below the monthly minimum social wage nor exceed five times the monthly minimum social wage.

For further details and legal references, consult our detailed article about this subject, the dedicated page on Guichet.lu, the Labor Code - Book III, Title III, the Social Security Code, and the Statutes of the Caisse Nationale de Santé (CNS).

To be eligible for paternity leave, it is necessary to submit a medical certificate for childbirth or supporting documentation for adoption at least 2 months before the anticipated dates for taking the leave.

For workers with a standard 40-hour workweek, paternity leave corresponds to 80 hours, which can be taken in a fragmented manner. For those with a workweek of less than 40 hours, the leave hours are proportional to the established weekly working hours in the employment contract. In the absence of an agreement between the worker and the employer regarding the days of leave, the paternity leave must be taken at once and immediately following the birth or adoption.

For further details and legal references, refer to the dedicated page on Guichet.lu and the Labor Code - Book II, Title III, Chapter III.